V.Ramesh @ Mohanji Pmv v. K.Shanmugam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MRS.JUSTICE R.HEMALATHA Contempt Petition No.414 of 2021 V.Ramesh @ Mohanji PMV, No.1/242, Ettikuttapatti Village, Adikanoor, Mattukaranoor Post, Omalur Taluk, Salem District ... Petitioner -vsMr.K.Shanmugam, Chief Secretary, State of Tamil Nadu, Secretariat, Chennai-600 009.
... Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent for his willful and disobedience to comply with the order of this Court dated 07.08.2020 made in W.P.No.1368/2020. For Petitioner : Mr.M.Elango For Respondent : Mr.V.Manoharan, Government Advocate
ORDER
(Order of the Court was made by T.RAJA.J) This Contempt Petition has been filed seeking to punish the respondent herein for his willful and deliberate disobedience of the order of
this Court dated 07.08.2020 made in W.P.No.1368/2020. 2.
Learned Counsel for the petitioner submitted that the order of this Court dated 07.08.2020 made in W.P.No.1368/2020, calling upon the 1st respondent therein, namely, The Chief Secretary, State of Tamil Nadu, Secretariat, Chennai, to consider and dispose of the communication of the petitioner for providing reservation to the handicapped/disabled persons in all General Elections by enacting a special provision has not been considered.
3. Learned Government Advocate refuting the said submission replied us that immediately after the receipt of the order passed by this Court along with a copy of the representation from the petitioner, the Deputy Chief Election Officer and Government Deputy Secretary General (Election-3)/5th respondent therein has passed an order, refusing the request of the petitioner herein stating that there is no provision for making reservation of seats in the State Assembly Election in favour of the disabled persons. Therefore, nothing survives for initiation of contempt proceedings against the respondent herein.
4. A perusal of the order dated 07.08.2020 passed in W.P.No.1368/2020 reveals that the 1st respondent therein, namely, The Chief Secretary, State of Tamil Nadu, Secretariat, Chennai, was called upon to dispose of the communication of the petitioner within a period of eight weeks from the
date of receipt of a copy of that order whereas it appears that a letter dated 12.10.2020 has been forwarded by the Deputy Chief Election Officer and Government Deputy Secretary General (Election-3)/5th respondent therein to the petitioner, disagreeing with the same as the 5th respondent is having authority and jurisdiction to entertain the said request of the petitioner. Under such circumstances, when the order of this Court has been duly complied with, we are unable to find any merits in the present Contempt Petition.
5.
In the result, the present Contempt Petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) tsi //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
Gs/29/11/2021 To The Chief Secretary, State of Tamil Nadu, Secretariat, Chennai-600 009.